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during the said term, in the right of such occupancy; certificates of such sale may be issued under the corporate seal, signed by the president, setting forth the facts and circumstances of said sale, and the time at which such purchaser will be entitled to such lease, and delivered to such purchaser.

of

may collect

owner of

S6. The person or corporation in possession, as tenants, Tenants any real estate, shall be liable to pay the taxes assessed taxes of thereon, and shall have the right to collect the amount real estate, of the owner, unless by agreement the occupant is bound unless, &c. to pay the same.

TITLE V.

OF HIGHWAYS, WALKS, STREETS, AND PUBLIC IMPROVE

MENTS.

ward dis

SECTION 1. The said village is hereby declared a Separate separate road district, exempt from the superintend- trict. ence of the commissioners of highways of the town of Ossining; and the trustees of said village shall be commissioners of highways for the same, and for such purposes shall possess and have all the powers possessed by commissioners of highways of towns under article fourth of title first, chapter sixteen and part first of the Revised Statutes, entitled "Of the laying out of public and private roads, and of the alteration or discontinuance thereof;" and section sixty-nine of the said title first shall not apply to the said trustees in laying out streets or highways under this act, but said trustees shall have the power to lay out and open streets in said village, and alter or widen any streets, alley, lane or highway in said village, through any orchard or garden, although such orchard be of the growth of four years or more, and such garden shall have been cultivated for four years or more, or through any buildings or any fixtures or erections for the purposes of trade or manufacture, or any yards or inclosures necessary to the use or enjoyment thereof, without the consent of the owner or owners; provided the necessity thereof is certified to by the oaths of twelve reputable freeholders, in the manner required by said article fourth for the laying out of highways through inclosed, improved or cultivated land; and in all cases of laying out, making and opening streets in said village, and altering, widening or discontinuing any street, alley,

lane or highway in said village, the said trustees shall conform to the provisions of the said article fourth, so far as the same can be made applicable thereto; and all the provisions of said article fourth for ascertaining and settling the damages done to land owners by reason of the laying out and opening highways, shall apply to all proceedings under this act for laying out, opening and widening any streets, lanes, alleys or highways in the village of Sing Sing; and whenever any street, alley, road or highway is laid out, altered or widened by virtue of this act, the damages arising to property holders by reason thereof, and the expense of such laying out, altering or widening of any such street, alley, road or highway shall be assessed upon the property of the town of Ossining, and paid in the same manner as is now provided by law for paying the damages and expenses of highways laid out in that part of said town of Ossining not included Appeals. in said village. And appeals may be taken from the action of the said trustees in laying out any street, alley, lane or highways, or in altering or widening the same, and from the action of said trustees in refusing to lay out any street, alley, lane or highway, in the same manner as appeals are now taken from the action of commissioners of highways, and such appeals shall be conducted in the same manner as is provided by said article fourth of title first, chapter sixteenth of part first of the Revised Statutes.

Streets, &c.,

laid out, to

described

S2. The trustees shall cause all streets, alleys, lanes be surveyed or highways laid out by them to be surveyed, described and record and recorded in a book to be kept by the clerk of said village, and the said streets, alleys, lanes or highways, when opened and worked, shall be public highways.

ed in book.

Owner or

occupants

sidewalks

and keep the same in repair.

3. It shall be the duty of the owner and occupants to construct of lots bounding on any of the streets in said village to construct, relay, and keep in repair the sidewalks opposite their respective lots, in such time and manner and of such materials as the trustees may, by a by-law, resolution or ordinance for that purpose, direct; and if any such owner or occupant shall refuse or neglect to construct, relay, or repair the sidewalks opposite the lot or lots owned or occupied by him, as aforesaid, when so directed to do by the trustees, as aforesaid, then in either case it shall be lawful for the trustees to cause such side

walks to be so constructed, relaid or repaired for and on account of the owner of such lots, and such owner shall be liable to pay the expenses of such repair, relaying or construction; and all sums so expended upon sidewalk, not exceeding thirty dollars in any one year on every fifty feet of sidewalk, after being audited by the trustees, by a vote of their board, shall thenceforth be an assessment or tax to that amount upon every such lot; and thereupon it shall be lawful for the trustees to issue to the collector their warrant, returnable in thirty days, for the collection thereof of the goods and chattels of the person liable to pay the same; and if such warrant shall be returned unsatisfied, in whole or in part, to advertise and sell such lot in the manner prescribed in title four of this act, as in cases of sale for the non-payment of taxes; and the purchaser or purchasers, owner or owners, and his, her, or their legal representatives, shall have the same rights and privileges as are given to them respectively in and by said title.

may be

$ 4. Whenever the occupant or lessee of any real estate Expenses in said village shall have been required, as above provided, recovered. to make, repair or construct any sidewalk, he may recover the expenses incurred therefor of the owner of such lot, or set off the amount thereof against the claims for rent of the owner or owners of said premises.

neglect or

may con

trustees

struct sido

walks.

S5. Whenever any sidewalk shall be required to be In case of made or repaired upon or adjoining any unoccupied lot refusal, of land, all the owner or owners of which shall be nonresidents of said village, or unknown, and such owner or owners shall neglect or refuse to construct or repair, after notice of such requirement shall have been published in any newspaper printed in said village, for six weeks successively, it shall be the duty of the trustees to construct or repair such sidewalk for and on account of such owner or owners, the expense of which shall be a lien or charge Expense to upon such lot, for which such lot may be advertised and sold, in the same manner and with the same effect as is provided in this act in cases of sales for non-payment of taxes. S6. Whenever any real estate in said village is owned Jolt by two or more persons jointly, or as tenants in common, a notice served on one such person shall be sufficient notice to all for any purposes requiring a notice under this act; and whenever the said owners shall reside out of the

be a lien.

tenants,

Trustees to regulate chimneys, fireplaces,

&0.

Fire engines and

ratus.

county of Westchester, it shall be sufficient to serve such notice on the occupant or lessee of such real estate.

TITLE VI.

OF THE PREVENTION AND EXTINGUISHING OF FIRES.

SECTION 1. The trustees shall have power to prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves and stove pipes, ovens, boilers and apparatus used in any building or manufactory, and to cause the same to be removed or placed in a safe condition when considered dangerous, and to prevent the deposit of ashes in unsafe places; to require the inhabitants of said village to provide so many fire-buckets, and in such manner and times as they shall prescribe, and to regulate the use of them in times of fire; to authorize the fire wardens or other officers of the village to keep away from the vicinity of any fire all idle or vicious persons, and to compel all persons to aid in the extinguishment of fires and the preservation of property exposed to damage thereat, and generally to establish such regulations for the prevention or extinguishment of fires as they may deem expedient.

S2. The trustees shall procure fire engines and other other appa apparatus used in the extinguishment of fires, and have the charge and control of the same, as hereinafter provided, and shall provide fit and secure engine-houses or other places for keeping and preserving the same; and shall provide by suitable by-laws for the organization of all engine, hook and ladder, hose and other fire companies in said village, which shall be composed of residents of said village not under eighteen years of age, and shall prescribe the duties of firemen, and make rules and regulations for the government of the fire department in said village. The members of the several engine, hook and ladder, hose and other fire companies in said village, when organized in pursuance of this section, shall have power to elect a chief engineer and one assistant engineer, which chief engineer, and in his absence the said assistant engineer, shall at all fires have exclusive charge, direction and control of the fire companies and all apparatus appertaining thereto in said village, and at all other times the said fire department shall be under the direc

Firemen.

EIGHTY-SECOND SESSION.

tion of the said chief engineer, subject, however, to the by-laws, orders and directions of the board of trustees of said village; and the said board of trustees shall have power to remove the said chief engineer and assistant engineer for any misconduct in office, after specifications of such misconduct shall have been made in writing and served upon them, and they shall have had ten days' notice to be heard before said trustees in their defense; which removal shall be by a resolution of the board of trustees, which shall be entered in the minutes of their proceeding, and served upon the person so removed; and after such removal it shall be the duty of the clerk to give six days' notice of a new election to fill the vacancy occasioned by such removal, and the person elected in pursuance of such notice shall fill such office during the unexpired term of the person so removed.

1043

wardens.

Firemen to from milita

be exempt

and jury

duty.

S3. The trustees shall be fire wardens, and shall have Fire power, from time to time, to appoint such other fire wardens as they may deem necessary, and to prescribe their powers and duties, not inconsistent with this act. S4. The firemen enrolled by virtue of this act shall, during the term of their service as such, be exempted from serving on juries and in the militia, except in case of war, invasion or insurrection; and a service of five years as such firemen shall forever exempt them from such jury or militia duty, excepting as aforesaid. The name of each fireman so enrolled shall be registered with the clerk of the village; and the evidence to entitle him to the exemptions provided in this section shall be the certificate of the said clerk, countersigned by the president of the village.

$5. The present firemen of the village of Sing Sing, who are now inhabitants and residents of said village, shall continue to be firemen thereof, as long as they remain such residents and inhabitants, subject to the provisions of this act.

TITLE VII.

MISCELLANEOUS PROVISIONS.

Present continue.

firemen to

be brought

SECTION 1. All actions brought to recover any penalty Actions to or forfeiture under this act, or the ordinances, by-laws, in corporate rules, resolutions or regulations made in pursuance of it,

name.

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